Judge dismisses $2 million claim against Boswell

By By Steve Gillespie / staff writer
Dec. 31, 2003
Judge Frank Coleman, of Lauderdale County Court, has dismissed a $2 million defamation claim against District 5 Supervisor Ray Boswell.
The complaint was the second half of a lawsuit and counter-claim awaiting Coleman's consideration.
The original lawsuit, filed by Lauderdale County on Oct. 6, alleges that Cuba Timber negligently and recklessly damaged two county roads while cutting timber and logging. It sought $20,548 for damage to Cole Road and $7,079 for Alamucha-Whynot Road.
In its response, the logging company said it was unfair to single out Cuba Timber when other loggers also used the roads.
At the same time, Cuba Timber filed a counter-claim against Boswell, alleging that he made false and defamatory statements about the company on a television news program aired in August. Cuba Timber asked for $175,000 in compensatory damages and $1,750,000 in punitive damages.
Coleman dismissed the counter-claim, and Lauderdale County's original lawsuit for road damage will go forward alone.
Boswell said he was happy with the dismissal and defended his comments.
Coleman's written ruling, however, does not necessarily indicate that he agrees with the substance of Boswell's comments. That will be decided later in a separate hearing. Rather, it was based on the state's rules of civil procedure:
The judge said the original road damage lawsuit and the defamation complaint are separate issues and that Cuba Timber counter-claim broke the rules by trying to draw Boswell in as a third party.
Coleman also said Cuba Timber's license to do business in Mississippi appears to have been suspended in September 2002, and revoked in December 2002.
Meridian attorney Greg Malta, who represents Cuba Timber, could not be reached for comment.
Rick Barry, attorney for the Lauderdale County Board of Supervisors, said Tuesday that a hearing date for the county's lawsuit has not been set.